Hindu Law -- Ancestral property - No evidence on record that suit property was undivided property of a Hindu family of four generations - Plaintiff has only produced jamabandis to establish nature of property - However, said jamabandis shows that defendant is the owner of suit property - Suit property in question thus, cannot be held as ancestral property...........
Evidence Act, 1872, Section 114 -- Adverse inference - Suit for declaration and permanent injunction - Plaintiff himself not appeared in witness box to testify in support of plaint - Power of attorney holder of plaintiff has not even produced original Power of Attorney on record despite being afforded opportunities to produce the same - Photocopy of power of attorney..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Accused acquitted u/s 306 IPC - Mere fact that deceased died unnatural death could not be sufficient to bring home charge punishable u/s 201 IPC unless prosecution was able to establish that accused persons knew or had reason to believe that an offence has been committed and have done something causing offence..........
Evidence Act, 1872, Section 3 -- Eye witness - PW1 and PW2 reached spot after 10 minutes of occurrence - Both are not eye witnesses...........
Indian Penal Code, 1860, Section 302 -- Murder - Recovered empty cartridge not fired from gun, which is said to be recovered at the pointing out of accused - Report of ballistic expert is not in favour of prosecution - It cannot be said that fire was triggered by accused to do away with deceased - Several material contradictions found in the evidence of alleged eye..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Generally appellate Court cannot set aside findings recorded by trial Court where findings are based on appreciation of oral evidence alone and it is a rule of prudence subject to known exceptions - However, it would not apply to a case at all where Trial Judge is a person different from..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent prohibitory injunction - Contention that Lower appellate Court has committed a manifest illegality in considering third case not pleaded by parties - However, lower appellate Court has taken into consideration oral evidence as well as circumstances in order to find out..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property declared as plaintiffs Courtyard by Trial Court after carefully analyzing boundaries shown in two sale deeds - Lower Appellate Court reversed the findings of trial Court and has rendered opinion bereft of reference to documentary evidence, which trial Court..........
Special Marriage Act, 1954, Section 27(d) -- Divorce - Cruelty - Petition by husband - Wife filed various complaints against husband - However, complaint was not filed with the intention to cause harm to professional or social status of husband - Depositions of witnesses also does not support case of cruelty - No evidence on record to substantiate allegation of cruelty -..........
Evidence Act, 1872, Section 65B(4) -- Electronic evidence - Without any appropriate certificate u/s 65-B(4) of the Act is not admissible and must be eschewed...........
